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MICKEY v. BNSF RY. CO.

No. SC 93591.

437 S.W.3d 207 (2014)

Lawrence MICKEY, Respondent, v. BNSF RAILWAY COMPANY and Safeco Insurance Company of America, Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 19, 2014.

Attorney(s) appearing for the Case

William A. Brasher , Thomas P. McDermott , Boyle Brasher LLC, St. Louis, for Appellants.

Michael A. Wolff , Jerome J. Schlichter , Roger C. Denton , Elizabeth M. Wilkins , Schlichter Bogard & Denton LLP, St. Louis, for Respondent.

Richard G. Callahan , Nicholas P. Llewellyn , United States attorney's office, St. Louis, Kathryn Keneally , Jonathan S. Cohen , Marion E.M. Erickson , Department of Justice, Washington, D.C., for The United States.

LAURA DENVIR STITH, Judge.

Lawrence Mickey prevailed in a Federal Employers' Liability Act (FELA) suit against Burlington Northern Santa Fe Railway Company (BNSF) and received a general verdict of $345,000. The trial court entered judgment in the amount of the verdict plus interest and costs for a total of $348,731. After the judgment was affirmed on appeal, BNSF tendered $368,480.67, which was $12,820.80 less than what BNSF then owed on the judgment plus costs and...

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